Research On Compensation For Damage To Victims With Special Constitution

The issue of damages for special physical victims has always been of great concern to both theoretical and practical circles.In the theoretical field,although the research results are fruitful,no general view has been formed.In practical circles,the guiding case No.24 of the Supreme People’s Court has been cited most frequently in legal practice,which points out that the special physique of the victim is not related to the determination of tort liability,but due to the complexity of individual cases,many courts do not fully follow the guiding case issued by the Supreme People’s Court in practice,so there are different judgments in the same case.The study of special physique victims’ liability for damages requires a theoretical analysis of the complexity of the special physique itself,the causal relationship after the intervention of the special physique and the victim’s fault.First of all,the special physique should be the level of physique is significantly different from the average level of social groups of physique,than the tort first or at the same time with the tort,thus leading to the expansion of the damage results of a physique,and the state of the special physique is different,the liability for damages is also different.Secondly,the special physique intervention after the abnormal consequences of how to attribute,the relevant foreign theory does not have a perfect solution,our country to cause force theory,injury involvement degree for adjudication,there are also unreasonable.To determine whether the special physique is the cause of the consequences of damage,the special physique should be analyzed according to the state of the victim’s special physique is an intervening factor or an objective environment,and then make a judgment on the assumption of responsibility.Finally,the study of this issue in addition to the complexity of the special physique itself and the causal relationship,fault is also an important element in determining the tort liability,the special physique is an objective factor does not belong to the fault,but if the victim did not do the corresponding duty of care that belongs to the subjective state of mind fault,when the victim is at fault should apply the principle of fault offset accordingly to reduce the tortfeasor’s liability.The above analysis shows that solving the problem of damages for special physical victims cannot rely on a single rule alone,but requires a typological construction and a gradual approach according to the specific situation in practice.